Terrorists freed to live in bail hostels

Up to 20 convicted terrorists have been freed from prison to live in bail hostels normally used to house burglars, robbers and sex offenders.

By David Barrett, Home Affairs Correspondent

9:00PM BST 18 Jul 2009

The men are living freely in towns and cities across Britain with only limited supervision by probation officers.

They were convicted of Islamist extremist activities including helping bombers, raising funds for terrorism and recruiting young men to fight a holy war, but were freed when they reached their release date - usually half way through the judge's sentence, with deductions for time served on remand.

The revelation will raise questions about the authorities' ability to deal with terrorists who reach the end of jail terms, and who pose a more complex and challenging risk than conventional criminals.

The Government's flagship policy for dealing with terror suspects in the community, the control orders regime which imposes long curfews and other restrictions, is unlikely to be used against these 20 men after being undermined by a House of Lords ruling last month.

Two more convicted terrorists who are due to be released from prison are illegal immigrants who cannot be deported because under human rights rules their homeland is considered to be unsafe.

Brahim Benmerzouga and Baghdad Meziane, Algerians living in Leicester, were sentenced to 11 years in April 2003 for raising £250,000 through a credit card scam to provide equipment and false passports to al-Qaeda extremists.

Mr Justice Curtis, the trial judge, told them: "In my judgment it is highly doubtful that it will be safe to release you before the expiry of your full term."

The Prison Service refused to confirm whether Benmerzouga, Meziane or 16 other named terrorists are still in jail.

One convicted terrorist, Andrew Rowe, 38, who is due for release later this summer, has been assessed as "very high risk", sources said.

The father of four, from west London, was jailed for 15 years in 2005 for possessing instructions for firing a mortar and a code book to communicate about weapons and targets, but his sentence was reduced to 10 years on appeal.

At least four other men already released have been categorised as "high risk". Napo, the probation union, said it was aware of nine terrorists who had been placed in London hostels, four in Yorkshire and two in the Midlands.

Chris Grayling, the shadow home secretary, said: "These are people who wanted to destroy our society and way of life, and yet we are leaving them free to roam around this country.

"It's a crazy state of affairs and we really need to find a way of doing something about it."

One freed terrorist has already been recalled to prison after assaulting a police officer, sources confirmed, while another has been questioned about breaking restrictions on internet access, a measure designed to prevent offenders from contacting other terrorists or disseminating extremist views.

The frequency with which probation staff can carry out searches of residents' hostel rooms has recently been cut back by new guidelines due to human rights laws, Napo said.

Harry Fletcher, the assistant general secretary of Napo, said: "There are now up to 20 individuals convicted of terrorist offences living in probation hostels.

It is extremely difficult to deal with any individual whose criminal behaviour is politically motivated because established assessment programmes do not work."

He added: "Hostels are in all probability the logical place to put men convicted of terrorist acts following release. But it is critical that the hostels are properly staffed by people who are trained to deal with this offender group."

Jack Straw's Ministry of Justice refused to comment on which terrorists have been released, but the list is thought to include:

- Muhedin Ali - jailed for seven years in February 2008 for helping the July 21 terrorist Hussain Osman evade police in the aftermath of the failed London bombings;

- Hamid Elasmar and Mohammed Irfan - members of an al-Qaeda cell who plotted to kidnap a British Muslim soldier and behead him "like a pig". Irfan got four years while Elasmar served five months of a three years and four months sentence after trial, and is back at a council flat living on benefits;

- Adel Yahya - admitted collecting information useful to terrorists and jailed for six years and nine months in November 2007;

- Abu Mansha - jailed for six years in January 2006 for plotting to kill Corporal Mark Byles, of the Princess of Wales's Royal Regiment, a Military Cross winner;

- Shah Jalal Hussain - sentenced to two years in April 2008 for terrorist fundraising, and Simon Keeler, a British-born Muslim convert handed four and a half years in the same trial;

- Abdul Rahman - jailed for six years in November 2007 after admitting possessing articles for terrorism, dissemination of terrorist propaganda and assisting a control order breach, who could be freed in January.

- Atilla Ahmet - admitted three charges of soliciting murder and sentenced to just under seven years in March 2008, but could be out in March.

Some terrorists' rooms in the hostels, known as "approved premises", are due to be fitted with alarms to make sure they observe curfews, usually from 11pm until 6am.

A Ministry of Justice spokeswoman said: "Those convicted of terrorist offences and sentenced to more than 12 months' imprisonment will be subject to probation supervision on release from prison.

"They have to adhere to a set of strict conditions and are subject to recall to custody if they breach their conditions or their behaviour indicates that it is no longer safe to allow them to remain in the community.

"Certain high-risk offenders are required to reside in an approved premises on release from custody as a condition of licence.

"Approved premises provide close and enhanced supervision which would be much more difficult if such offenders were dispersed into less suitable accommodation elsewhere in the community.

"Staff in approved premises are trained in risk work and liaise with offender managers and the local police to ensure that any concerns or evidence of risky behaviour are dealt with promptly."

An "action learning plan" had been set up for staff dealing with the terrorists, who would also have access to a forensic psychologist to assist with managing the offenders, she added.

On the difficulties of deporting some of the terrorists, a Home Office spokeswoman said: "Whilst there are countries where we find it very difficult to establish returns, we do not take no for an answer and work hard to establish safe routes of return.

"Where the courts determine that a country is not safe, we are bound by their judgments."

There are 100 hostels in England and Wales, which can accommodate about 2,500 people, mostly in single rooms. Most hostels are supervised by two probation officers at a time.

The prison authorities normally release inmates at the half-way point of a sentence and offenders are under probation supervision until the end of the jail term.

Because terrorists often spend lengthy periods spent on remand awaiting trial, which is deducted from their final sentence, it means that offenders handed terms of 10 years of more earlier this decade are now due to come out of jail.

The Law Lords said control orders, introduced in 2005, breached human rights laws allowing a fair trial, adding that anyone placed under a control order must be shown secret evidence against them.